Goods in Custody

Goods in custody is the short form of the offence often described as "goods in custody reasonably suspected of being stolen (or unlawfully obtained)". It is also generally referred to as "persons who are unlawfully in possession of property". Police charge people with this offence when they form a view that the person is in possession of an item that the police suspect was at some point stolen or unlawfully obtained. 

The Law 

Pursuant to section 527C of the Crimes Act 1900 any person who:

a) has any thing in his or her custody; or

b) has any thing in the custody of another person; or

c) has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or

d) gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, has committed the offence of "goods in custody".

Penalties

The maximum penalty for "goods in custody" varies depending on the type of the property alleged to have been in the person's unlawful possession. 

If the "good", or thing, is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, then the maximum penalty is 12 months' imprisonment, and/or a fine of $1,100.

If the item was something else then the maximum penalty is 6 months' imprisonment, and/or a fine of $550.

A vessel includes watercraft of any description used or capable of being used as a means of transportation on water.

Commentary

You can be guilty of this offence if you have "possession" of any item that is reasonably suspected of being stolen or unlawfully obtained. The test used by the Court to determine what is "reasonably suspected" is that of a whether a reasonable person would suspect the goods of being unlawfully obtained. It is therefore considered an "objective test", relying on what the reasonable person would suspect and not what was in the accused person's own mind.

Although police obviously rely on their own suspicions for the purpose of charging, it comes down to whether the Magistrate, at the time of hearing the matter, forms the same view.

It must be remembered that the police do not need to prove that the item was in fact stolen or unlawfully obtained; reasonable suspicion is enough.

Further, it does not need to be alleged that the person who is charged with the offence stole the item. It also does not need to be proved that the person in possession of the item knew that it was stolen. It is enough that, under all the circumstances, it would be reasonably to suspect that the item was stolen or unlawfully obtained.

Having possession of the goods, or item, includes having physical control of the item, having the item in your control such as in a safety deposit box or in your residence or giving the item to someone else to hold on your behalf temporarily. If it can be shown that you had the item in your possession before selling the item then you can still be guilty of the offence.

Defences

Once it is found that it is reasonable to suspect that the item is stolen or unlawfully obtained, to be able to successfully defend the charge, the accused person is then required to prove that he or she did not suspect the item to be stolen or unlawfully obtained. This means that it then comes down to he accused person's actual belief at the time the person was in possession of the good. If the Court accepts that the accused person did not suspect the item or good to be stolen or unlawfully obtained, then the accused person is found "not guilty".

Proving the police case is very easy, as there is a low threshold that has to be met - mere suspicion is enough. It is therefore important to obtain advice from specialist criminal lawyers when charged with this offence, because defending a charge often comes down to the strength and preparation of the defence case.

If you have been charged with goods in custody and need to go to Court, our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.

Larceny

Larceny essentially covers most theft or stealing offences. When deciding whether or not to bring a charge of larceny NSW Police need to consider whether all the elements of the offence can be made out. Our Criminal Lawyers can advise you on your prospects of defending a larceny charge, particularly if there are deficiencies in the police case.

The Law 

Section 117 of the Crimes Act 1900 notes the penalty that someone is liable for when it comes to the common "larceny" offence. However, it must be noted that the offence of larceny was always an offence at "common law" (ie, before being enacted in criminal law legislation) and the elements of the offence are therefore not included in the Crimes Act. 

In accordance with common law principles, to be guilty of larceny, it must be proved that you: 

· wrongfully took and carried away;

· the personal goods of another;

· with the intent of permanently depriving the owner of such property; and

· without the owner's consent.

There are also other various other forms of larceny, such as the common charge of "larceny by clerk or servant", with the added element of the person committing the larceny against their employer.

Penalties

The maximum penalty for larceny varies depending on the value of the property stolen and in which Court the matter is finalised. For matters finalised in the Local Court: 

If the value of the property is $2,000 or less then the maximum penalty is 2 years' imprisonment and/or a fine of $2,200.

If the value of the property is more than $2,000 and less than or equal to $5,000 then the maximum penalty is 2 years' imprisonment and/or a fine of $5,500.

If the value of the property is more than $5,000 then the maximum penalty is 2 years' imprisonment and/or a fine of $11,000.

If the matter is finalised in the District Court then the maximum penalty increases to 5 years' imprisonment.

Commentary

Larceny will not have taken place if the goods were only taken for some temporary purpose and not to deprive the owner of them permanently. However, if you obtained some personal benefit from the property then the prosecution can argue that it was obtained only for a temporary purpose.

The offence of larceny has also not been committed if you honestly and genuinely believed that you were legally entitled to the property. The test applied by the Court to determine if you had a genuine belief that you were entitled to the property is the consideration of what a "reasonable person" would have done in the same circumstances. If it is accepted that a reasonable person would have genuinely believed that they had a legal right to the goods, then the offence would not have been committed.

The likely penalty for a larceny charge will depend on your criminal record (if you have one), the value of the goods stolen and your personal circumstances. The usual penalties for larceny vary between a fine, good behaviour bonds and even terms of imprisonment, particularly for repeat offenders. Even if someone is only exposed to a possible minor penalty for the offence, it must be borne in mind that a conviction for larceny could be very detrimental to your career and ability to travel. With our experienced criminal lawyers, we may be able to assist you with defending the charge altogether or obtaining a lenient penalty without a conviction.  

If you have been charged with larceny, our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.

We have offices in Parramatta, Sydney, Chatswood, Sutherland and Wollongong.

Larceny by Clerk or Servant

Larceny charges can fall into different categories. "Larceny by clerk or servant" (otherwise known as "Larceny by Servant") is the offence of theft or stealing by clerk or servant, and is often charged when it is alleged that an employee stole from their employer. This added factor of "clerk" or "servant" makes this more serious that the normal Larceny Charge.

The Law 

Pursuant to section 156 of the Crimes Act 1900, whosoever, being a clerk or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, has committed the offence.

To be guilty of this offence it must be proved that you: 

· wrongfully took and carried away

· the personal goods of another

· with the intent of permanently depriving the owner of such property

· without his or her consent

· and that you were a clerk or servant of the other.

Penalties

The maximum penalty for larceny by clerk or servant varies depending on the value of the property stolen and in which Court the matter is finalised. For matters finalised in the Local Court: 

If the value of the property is $2,000 or less then the maximum penalty is 2 years' imprisonment, and/or a fine of $2,200.

If the value of the property is over $2,000 but equal to or less than $5,000 then the maximum penalty is 2 years' imprisonment, and/or a fine of $5,500.

If the value or the property is more than $5,000 then the maximum penalty is 2 years' imprisonment, and/or a fine of $11,000.

If the matter is finalised in the District Court then the maximum penalty is increased to 10 years' imprisonment.

Commentary

A "clerk" or "servant" is a person under the control, and bound to obey the orders of, his or her "master" and can include a director of a company, an apprentice, an accountant, a person employed by more than one employer and also a person occasionally employed. The goods taken must belong to the offender’s "master" or employer. Because of the position of trust, larceny committed by such a person is considered a more serious offence than simple larceny and this is reflected by the increased maximum penalty.

Larceny by clerk or larceny by servant will not have taken place where the goods were only taken for some temporary purpose and not to permanently deprive the owner of the goods. You can also defend the charge if you honestly and genuinely believed that you were legally entitled to the property. 

The likely penalty for the offence will depend on your criminal record (if you have one), the value of the goods stolen, the amount of times that the offending took place, the period of offending and the amount of planning and deception. Although it is possible to be found guilty for this offence and not receive a criminal conviction, it is usually the least likely penalty, as the "breach of trust" involved makes the offending much more serious than a simple larceny.

If you have been charged with larceny by clerk or servant, our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.

We have criminal lawyers with years of experience in larceny charges located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.